New South Wales Consolidated Regulations

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021

- Made under the Protection of the Environment Operations Act 1997
- As at 19 August 2022
- Reg 485 of 2021

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - DOMESTIC SOLID FUEL HEATERS

   4.      Definitions
   5.      Application of Part
   6.      Requirement for certificates of compliance when heaters are sold
   7.      Interference with heaters

   PART 3 - CONTROL OF BURNING

           Division 1 - Preliminary

   8.      Definitions
   9.      Application of Part

           Division 2 - Control of burning generally

   10.     General obligation to prevent or minimise air pollution
   11.     Prohibition on burning certain articles

           Division 3 - Control of burning in local government areas

   12.     Offences
   13.     Approval for certain fires or incinerators

   PART 4 - MOTOR VEHICLES AND MOTOR VEHICLE FUELS

           Division 1 - Interpretation

   14.     Definitions

           Division 2 - Air impurities

   15.     Excessive air impurities
   16.     Motor vehicles emitting excessive air impurities

           Division 3 - Prescribed anti-pollution devices

   17.     Prescribed anti-pollution devices
   18.     Fitting of certain anti-pollution devices to be compulsory
   19.     Complying exhaust pipe not required for certain vehicles
   20.     Exemption from offence relating to sale of motor vehicles

           Division 4 - Use and maintenance of motor vehicles

   21.     Maintenance of vehicles
   22.     Use of motor vehicle requires anti-pollution device
   23.     Maintenance, service and adjustment of motor vehicles
   24.     Removal or adjustment of anti-pollution devices
   25.     Exemption from offence against section 157

           Division 5 - Transfer of petrol

   26.     Transfer of petrol into fuel tanks of motor vehicles

           Division 6 - Petrol volatility

   27.     Definitions
   28.     Monthly volumetric average vapour pressure
   29.     Vapour pressure of petrol
   30.     Record keeping
   31.     Reporting

   PART 5 - AIR IMPURITIES EMITTED FROM ACTIVITIES AND PLANT

           Division 1 - Preliminary

   32.     Definitions

           Division 2 - Standards for scheduled premises

   33.     General grouping of activities and plant
   34.     Emission units taken to be in Group 6
   35.     Phasing out of Group 1
   36.     Phasing out of Group 2
   37.     Alternative standards imposed by licence conditions
   38.     Determination of application for variation of licence
   39.     Prescribed standards of concentration for air impurities
   40.     Determining whether standards have been exceeded
   41.     Dioxins and furans
   42.     Approved circumstances in relation to smoke emissions
   43.     Alternative standard for hydrogen sulfide emissions

           Division 3 - Standards for non-scheduled premises

   44.     Grouping of activities and plant
   45.     Prescribed standards of concentration for air impurities
   46.     Determining if standards have been exceeded
   47.     Approved circumstances in relation to smoke emissions

           Division 4 - Group 6 treatment plants

   48.     Definition
   49.     Application of Division
   50.     Operation of Group 6 treatment plant
   51.     Residence time
   52.     Combustion temperature
   53.     Destruction efficiency

           Division 5 - Miscellaneous

   54.     Emission points
   55.     Combination of air impurities from 2 or more sources
   56.     Standards of concentration not to affect other controls
   57.     Exemptions relating to start-up and shutdown periods
   58.     Exemption relating to emission of smoke
   59.     Exemption relating to emergency electricity generation
   60.     Limits on sulfur content of liquid fuel

   PART 6 - CONTROL OF VOLATILE ORGANIC LIQUIDS

           Division 1 - Preliminary

   61.     Definitions

           Division 2 - Requirements to fit control equipment

   62.     Equipment and plant to be fitted with control equipment
   63.     Exemptions from requirement for control equipment

           Division 3 - Storage tanks and loading plants

   64.     Application
   65.     Control equipment for large storage tanks
   66.     Control equipment for large loading plant
   67.     Control equipment for small storage tanks

           Division 4 - Tank vehicles

   68.     Control equipment for large tank vehicles
   69.     Loading and unloading large tank vehicles

           Division 5 - Petrol service stations

              Subdivision 1 - Preliminary

   70.     Definitions

              Subdivision 2 - Stage one vapour recovery

   71.     Control equipment for storage tanks on petrol service stations
   72.     Specifications regarding covers
   73.     Specifications regarding periodic testing

              Subdivision 3 - Stage two vapour recovery

   74.     Control equipment for petrol dispensers
   75.     Specifications regarding testing
   76.     Specifications regarding monitoring

              Subdivision 4 - Miscellaneous

   77.     Reporting to EPA
   78.     Compliance notification
   79.     Log books
   80.     Exemptions

   PART 7 - MISCELLANEOUS

   81.     Savings
   82.     Repeal
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7